Samsung Electronics Co. (005930) can pursue its efforts to rescind a ban on U.S. sales of the Galaxy Tab 10.1 tablet computer that’s part of a dispute with Apple Inc. (AAPL:US), a U.S. appeals court said.
The court said today that U.S. District Judge Lucy Koh in San Jose, California, can have jurisdiction to consider whether to lift the ban, which had been imposed before a patent- infringement trial that ended last month. The jury found that Samsung didn’t infringe a design patent that had been the basis for blocking sales in the U.S.
Apple contends the ban should remain in place because the jury found the Galaxy Tab infringed other patents. Koh had refused to act because the ban was on appeal before the U.S. Court of Appeals for the Federal Circuit. She said she might permit sales if granted jurisdiction.
The Federal Circuit said it isn’t taking a position on how Koh should decide the issue.
After the Federal Circuit posted its order, Samsung renewed its request with Koh to lift the sales ban and Apple filed opposition to the request, according to court filings today.
The case is Apple Inc. v. Samsung Electronics Co., 12-1506, U.S. Court of Appeals for the Federal Circuit (Washington). The lower court case is Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-01846, U.S. District Court, Northern District of California (San Jose).
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